Bridging the Gap: Privacy Management in the CISO’s Realm

As organizations increasingly embrace digital transformation, the intersection between information security and privacy management has grown more intricate. While CISOs and Information Security Leads often spearhead Information Security Management Systems (ISMS), privacy presents unique challenges that extend beyond traditional cybersecurity boundaries. Questions like “Where does privacy oversight reside?” and “Who should lead the charge in addressing privacy incidents?” are common among today’s leadership. Here, we’ll explore how organizations can tackle these challenges and align their approach to privacy management with their broader goals.

The Privacy Oversight Dilemma

Privacy has evolved into a nuanced domain over the past decade, and organizations are grappling with its placement within the corporate structure. The debate centers around three key options:

1. A Legal Subset: Given its regulatory nature, privacy often falls under the legal department’s purview. Legal teams are adept at interpreting privacy laws and ensuring compliance with frameworks like GDPR, CCPA, and others.

2. An InfoSec Responsibility: Privacy has significant overlap with data security, particularly when managing sensitive personal data. This connection often places privacy within the CISO’s portfolio.

3. A Dedicated Privacy Function: As privacy becomes increasingly complex, some organizations designate Chief Privacy Officers (CPOs) and establish dedicated privacy departments.

Finding the Right Fit

The placement of privacy oversight largely depends on the organization’s structure, regulatory exposure, and risk tolerance. Here are some considerations:

• Alignment with Corporate Goals: For data-driven organizations, integrating privacy with InfoSec ensures seamless collaboration on security-by-design principles. Conversely, highly regulated industries may benefit from privacy sitting under legal to ensure compliance with stringent laws.

• Resources and Expertise: If the organization lacks resources for a dedicated privacy team, leveraging InfoSec’s existing infrastructure can be a pragmatic solution.

• Regulatory Complexity: Global organizations often require a hybrid approach where privacy oversight involves both legal and InfoSec stakeholders.

Tackling Non-Cyber Privacy Incidents

While privacy is often intertwined with cybersecurity, non-cyber privacy incidents—such as physical document mishandling or employee misuse of personal data—demand a tailored response strategy. Here’s how organizations can address these incidents effectively:

1. Define Clear Ownership: Ensure there is a clear chain of command for privacy incidents. Whether it’s the CISO, CPO, or legal, having an established leader prevents confusion during a crisis.

2. Establish Incident Playbooks: Develop distinct playbooks for privacy-specific incidents. These should include steps for investigation, communication, and remediation, tailored to non-cyber scenarios.

3. Foster Collaboration: Privacy incidents often require cross-departmental collaboration. Legal may provide regulatory guidance, while InfoSec ensures secure data handling.

4. Train Employees: Equip staff with training on data handling best practices and the importance of privacy. Many non-cyber incidents stem from human error, making education a critical preventive measure.

Navigating Legal vs. InfoSec Oversight in Privacy Incidents

CISOs frequently encounter challenges when legal departments attempt to take the lead in privacy incidents. This can create friction, particularly if priorities diverge. To navigate this dynamic:

• Establish a Shared Framework: Adopt a unified incident response framework where both InfoSec and legal have predefined roles and responsibilities.

• Leverage Joint Expertise: CISOs bring technical expertise, while legal ensures compliance. Combining these strengths ensures a balanced response.

• Promote Ongoing Dialogue: Regular meetings between InfoSec and legal teams can foster mutual understanding and trust, reducing the likelihood of disputes during incidents.

Conclusion

As privacy continues to evolve, organizations must find the right balance between InfoSec, legal, and dedicated privacy functions. CISOs can play a pivotal role in bridging the gap, leveraging their expertise to ensure privacy is not only a compliance requirement but also a strategic advantage.

By defining clear ownership, fostering collaboration, and promoting a proactive privacy culture, your organization won’t just navigate privacy challenges effectively – it will turn them into a competitive advantage, building trust and loyalty in an increasingly privacy-conscious world. Take the first step toward safeguarding your future today by filling out our Virtual CISO Discovery Form and unlocking tailored strategies for your unique privacy needs.